Article Title

Authors

Newspaper Title

Illinios State Journal

Publication Date

3-14-1857

Publication Place

Springfield,Illinois

Event Topic

Dred Scott

Political Party

Republican

Region

free state

Quote

the power of Congress to make all needful rules and regulations respecting the Territory was not, as the majority of the Court expressed, limited to territory belonging to the United States at the time of the adoption of the Constitution

Document Type

Article (Journal or Newsletter)

Full Text Transcription

The following is the substance of the opinion of Judge Curtis in the Dred Scott case, recently decided at Washington:

Judge Curtis dissented from the opinion of the majority of the Court, as delivered by Chief Justice Taney, and gave his reasons for the dissent. He maintained that native-born colored persons can be citizens of States and of the United States; that Dred Scott and his family were free when they returned to Missouri, that the power of Congress to make all needful rules and regulations respecting the Territory was not, as the majority of the Court expressed, limited to territory belonging to the United States at the time of the adoption of the Constitution but has been applied to five subsequent acquisitions of land, that Congress has power to exclude slavery from the Territories, having established eight Territorial Governments without, and recognized slavery in six, from the days of Washington to John Quincy Adams.

judges Wayne, Grier, Campbell and Daniel had papers expressing their views on certain points of opinion of the Court, but did not read them.

We are glad to learn through a full report of the proceedings that Judge Grier, as well as Judges McLean and Curtis, decided in favor of the Missouri Compromise. the Court thus stands six to three, and not seven to two as at first reported.

Rights

Share

COinS

Decision in the Dred Scott Case.

the power of Congress to make all needful rules and regulations respecting the Territory was not, as the majority of the Court expressed, limited to territory belonging to the United States at the time of the adoption of the Constitution